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The Electronic Silk Road: How the Web Binds the World Together in Commerce, by Anupam Chander
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On the ancient Silk Road, treasure-laden caravans made their arduous way through deserts and mountain passes, establishing trade between Asia and the civilizations of Europe and the Mediterranean. Today’s electronic Silk Roads ferry information across continents, enabling individuals and corporations anywhere to provide or receive services without�obtaining a visa. But the legal infrastructure for such trade is yet rudimentary and uncertain. If an event in cyberspace occurs at once everywhere and nowhere, what law applies? How can consumers be protected when engaging with companies across the world?�In this accessible book, cyber-law expert Anupam Chander provides the first thorough discussion of the law that relates to global Internet commerce. Addressing up-to-the-minute examples, such as Google’s struggles with China, the Pirate Bay’s skirmishes with Hollywood, and the outsourcing of services to India, the author insightfully analyzes the difficulties of regulating Internet trade. Chander then lays out a framework for future policies, showing how countries can dismantle barriers while still protecting consumer interests.
- Sales Rank: #1166149 in Books
- Brand: Brand: Yale University Press
- Published on: 2013-07-16
- Original language: English
- Number of items: 1
- Dimensions: 9.25" h x 1.00" w x 6.13" l, 1.35 pounds
- Binding: Hardcover
- 296 pages
- Used Book in Good Condition
Review
“Chander accentuates what is often forgotten--the importance of law underlying the digital evolution. Highly readable and enjoyable, The Electronic Silk Road is a piece of sound intellectual work, which is handsomely written.”—Mira Burri, University of Bern (Mira Burri 2012-11-26)
“Anupam Chander takes us on a fascinating journey, raising provocative questions on how to balance competing global and local interests when managing new trade dynamics.�Anyone interested in the digital transformation of commerce should consider carefully Chander’s insights.”—Mark Wu, Harvard Law School (Mark Wu 2013-01-15)
"An extraordinarily lucid and colorful description of the way cybertrade is changing global commerce -- and global society. Chander proposes realistic legal arrangements that can secure the Web’s benefits and avert its perils. This is an important book."—Michael Reisman, Yale Law School (Michael Reisman 2013-01-15)
"The world of commerce has changed for services. A masterly analysis of the implications of this development, this book is a tour de force."— Jagdish Bhagwati, University Professor, Columbia University (Jagdish Bhagwati 2013-02-20)
“A must read for those interested in globalization in the information age and the public policy challenges, opportunities, and pitfalls that will result. �Anupam Chander offers an insightful primer on international cyberlaw and a thoughtful set of proposals for adapting to a changed world.” —Chris Coons, United States Senator (Chris Coons 2013-02-20)
“This engaging book makes a powerful argument for embracing trade, without displacing law, along the new digital trade routes. Indeed, it recognizes law as crucial to promoting both trade and consumer protection. This is an important contribution to thinking about the international legal order.”—Ricardo Ram�rez-Hern�ndez,�Chair of the Appellate Body,�World Trade Organization� (Ramirez-Hernandez 2013-02-20)
“Chander examines how international trade is ordering human rights and free expression in the digital age. Virtual borders and transnational corporations are here to stay, and Chander’s notion of ‘net-work’ offers us a sobering analysis of the dangers, and the possibilities.”—Deji Olukotun, PEN American Center (Deji Olukotun 2013-02-20)
“A compelling case . . . fascinating.”—Glenn C. Altschuler, Huffington Post (Glenn C. Altschuler Huffington Post)
“Chander's work should be required reading on the linkage of freedom of speech, commercial data gathering, and government access, and his prose style renders seemingly mundane details as both consequential and easy to understand.”—Publishers Weekly (Publisher's Weekly)
"A visionary read . . .�I commend this book to all those who think about a future that is to be faced and not feared."—Mike Moore,�Former Prime Minister of New Zealand,�Former Director General of the World Trade Organization,�New Zealand Ambassador to the United States (Mike Moore 2013-07-24)
“Clear and direct . . . extremely accessible . . . a supremely balanced treatment of the issues.”—Adam Thierer, Technology Liberation Front (blog) (Adam Thierer Technology Liberation Front)
About the Author
Anupam Chander is professor of law at the University of California, Davis, and director of the California International Law Center. He has taught at Yale, Chicago, Stanford, and Cornell, and has published in the nation’s leading law reviews.
Most helpful customer reviews
4 of 4 people found the following review helpful.
The path to the future.
By Ron Glick
In a world where everything you do on the internet is etched in the
cloud forever what should be the rules? Anupam Chander's book "The
Electronic Silk Road" sets the stage for an inevitable world wide
discussion of how the internet should be governed. His suggested
course, guided by his humanity and appreciation for the rule of law,
provides the reader with a road map to an internet that is fairer to
the user, facilitates better commerce and protects human rights from
authoritarian abuses.
Chander takes us on a survey of the critical conflicts in privacy,
speech and commerce that the internet has created and the current
state of affairs in how these conflicts have been addressed. He then
suggests thoughtful solutions to address the issues of our times that
have evolved through the application of this new borderless frontier
we call the world wide web.
My only regret about "The Electronic Silk Road" is that it went to
press before the revelations of the lack of privacy revealed by the
Snowden Affair made us aware of how completely compromised our privacy
is on the internet. Chander does however provide a glimpse into the
Orwellian present, in a Chapter titled Facebookistan, where he
demonstrates the power to recover every keystroke ever uploaded by a
click of your computer.
On issues ranging from gambling to outsourcing and from free speech to
authoritarian repression Chander has ruminated about the best path
forward. For serious thinkers about the role of technology in our
lives and how it should be governed 'The Electronic Silk Road" is a
book that should not be overlooked.
2 of 2 people found the following review helpful.
connects the dots between international trade theory & Internet policy / ecommerce
By Adam Thierer
I enjoyed Anupam Chander's Electronic Silk Road and can recommend it to anyone who is looking to connect the dots between international trade theory and Internet policy / ecommerce developments. It is an extremely accessible text such that either a trade policy guru or a Net policy wonk could pick it up and learn a lot about the opposing issues they may not have heard of before.
Chander's over-arching goal is to sketch out and defend "a middle ground between isolation and unregulated trade, embracing free trade and also its regulation." In a writing style that is clear and direct, Chander explores the competing forces that facilitate and threaten what he refers to as "Trade 2.0."
At the heart of the book is an old tension that has long haunted trade policy: How do you achieve the benefits of free trade through greater liberalization without completely undermining the sovereign authority of nation-states to continue enforcing their preferred socio-political legal and cultural norms? After all, as Chander notes, "States will be loathe to abandon their law in the face of the offerings mediated by the Internet." "If crossborder flows of information grossly undermine our privacy, security, or the standards of locally delivered services, they will not long be tolerated," he notes. These are just a few of the reasons that barriers to trade remain and why, as Chander explains, "the flat world of global business and the self-regulating world of cyberspace remain distant ideals."
Chander wants to counter that impulse to expand the horizons of Trade 2.0, but he argues that, to some extent, nation-states will always need to be appeased along the way. Consequently, he argues that "we must dismantle the logistical and regulatory barriers to net-work trade while at the same time ensuring that public policy objectives cannot easily be evaded through simple jurisdictional sleight of hand or keystroke." Again, this reflects his desire for both greater liberalization of markets as well as the preservation of a residual role for states in shaping online commerce and activities.
He says we can achieve this Goldilocks-like balance through several key principles. The first is harmonization of laws and policies, preferably through multinational accords. The second principle is "glocalization," or "the creation or distribution of products or services intended for a global market but customized to conform to local laws -- within the bounds of international law." The final key principle is more self-regulatory in character. It is the operational norm of "do no evil" as it pertains to requests from repressive states to have Internet intermediaries to crack down on free speech or privacy. "[W]e must seek to nurture a corporate consciousness among information providers of their role in liberation or oppression," Chander argues.
In a sense, what Chander is recommending here is largely the way global information markets already work. Thus, instead of being aspirational, Chander's book is actually just more descriptive of the reality we see on the ground today.
Chander also highlights the specific U.S. policies that have fostered the growth of electronic trade, including the First Amendment guarantee of freedom of speech; the Communications Decency Act's Section 230, granting immunity to web hosts for user-generated information; Title II of the Digital Millennium Copyright Act (DMCA), granting immunity to web hosts for copyright infringement; and weak consumer privacy regulations [which have] created breathing room for the rise of Web 2.0." "This permissive legal framework offers the United States as a sort of export-processing zone in which Internet entrepreneurs can experiment and establish services." Chander gets it exactly right here. Legally speaking, this is the secret sauce that continues to power the Net.
Surprisingly, the book doesn't spend much time discussing "multi-stakeholderism." It is getting hard to pick up any Internet policy tract these days and not find reference to multi-stakeholder processes of one sort or another. In particular, I expected to see more linkages to broader "Net freedom" fights in the text. But don't let that fact detract from this otherwise excellent book.
[Note: The review condensed from longer review posted at the Technology Liberation Front blog.]
2 of 2 people found the following review helpful.
Modern Silk Road - Center of Global Commerce
By Dallas
Modern Silk Road - Center of Global Commerce, if you don't want to know what make the modern global economy go around, don't blame Anupam Chander if you are left behind. Having spent some time in Xi'an this summer (the old capital of China and terminus of the silk road), the wealth left behind as a consequence of the last silk road is awe inspiring. Don't be left out on the wealth created by the new silk road.
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